GARY JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASANUEVA, Judge.
Gary Johnson appeals the denial of his petition for writ of mandamus. In his petition Johnson sought to compel the Clerk of the Circuit Court of Pinellas County to provide him with free copies of multiple documents relating to his trial and direct appeal.
We agree with the trial court that because Johnson seeks these records for postconviction purposes he is not entitled to free copies of these documents from the Clerk. See Roesch v. State, 633 So. 2d 1 (Fla.1993). However, Johnson is entitled to receive copies of any transcripts that were prepared at government expense for his direct appeal and that are in the possession of his former public defender. See Thompson v. Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991). Transcripts provided at public expense to facilitate an indigent defendant’s appeal do not become the property of counsel once the appeal has been completed. Id. We therefore affirm without prejudice to Johnson’s right to seek these documents from his former public defender. Affirmed without prejudice.
NORTHCUTT and SALCINES, JJ., Concur.
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Darling v. State, 81 So. 3d 574 (Fla. 3d DCA 2012)…attaches to his actions. Id. On appeal, the trial court’s legal conclusion is reviewed de novo, but its findings of fact are presumed correct and can be reversed only if not supported by competent substantial evidence. Id.; see also Loredo v. State, 836 So. 2d 1103, 1104 (Fla. 2d DCA 2003). In this case, the trial court complied with the procedure required for pretrial motions alleging immunity under section 776.032. The trial court held an evidentiary hearing, considered the disputed issues of fact, and on t…
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Duddles v. State, 845 So. 2d 939 (Fla. 5th DCA 2003)…ave, nor were there any words implying that he could not leave, only two officers were present and did not display weapons, and trial court found that officers were non-aggressive and polite throughout their investigation); see also Loredo v. State, 836 So. 2d 1103 (Fla. 2d DCA 2003) (defendant was not in custody at the time of his interrogation at the police station where defendant was told that he was not under arrest, could leave at any time, and was given directions for exiting the station). Duddles cites…
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J.G. a child v. State, 883 So. 2d 915 (Fla. 1st DCA 2004)…al interrogation; the authorities should have known their words or actions were “reasonably likely to elicit an incriminating response” from Appellant. Rhode Island v. Innis, 446 U.S. 291, 301, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980); Loredo v. State, 836 So. 2d 1103, 1105 (Fla. 2d DCA 2003). Addressing the question of whether a juvenile’s confession was freely and voluntarily made, the district court in Interest of G.G.P., 382 So. 2d 128 (Fla. 5th DCA 1980), stated: To be admissible in evidence, a confession a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roesch v. State, 633 So. 2d 1 (Fla. 1993)
- Thompson v. Simpson Unterberger, 577 So. 2d 684 (Fla. 2d DCA 1991)